Lilgerose v. Polis - Involuntary servitude case
Spike CO
Case: Lilgerose v. Polis
2022-cv-30421 | Colorado state trial court
Filed Date: Feb. 15, 2022
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Case Summary
This case was filed on February 15, 2022, by two people incarcerated at the Fremont Correctional Facility in Colorado as a putative class action against the Governor of Colorado, the Colorado Department of Corrections (CDOC), and the CDOC executive director. The plaintiffs alleged that a CDOC policy of charging incarcerated people with a violation (which could result in loss of good time credits and more restrictive housing placements) for refusing prison-assigned jobs violated an amendment to the Colorado state constitution which extended its prohibition against slavery to incarcerated people. The plaintiffs were represented by private attorneys and the non-profit Towards Justice and sought declaratory, equitable, and injunctive relief.
The defendants filed an amended complaint on April 29, 2022 to add an additional statute related to prison work that they requested the court to declare facially unconstitutional.
The defendants filed a motion to dismiss on May 27, 2022 and argued that “inmates are generally required to work as part of the rehabilitative process” and that voters did not intend to abolish CDOC’s work requirements when they approved the constitutional amendment abolishing the prison-exception to the prohibition on slavery.
Several amicus briefs supporting the plaintiffs were filed including by the ACLU, The MacArthur Justice Center, etc.
An amicus brief is a document filed by an individual or organization who is not a party to a lawsuit but has a strong interest in the outcome, in order to provide the court with information, expertise, or a broader perspective on the case. Amicus briefs are filed in support of either the plaintiff(s) or defendant(s) in a case .